Tucker

MEMORANDUM **

Richard A. Tucker appeals the district court’s orders of January 9, 2004 and January 13, 2004, which granted summary judgment to the City of Los Angeles and Officer D.J. Moeller. On Tucker’s motion, this court dismissed the appeal as to Officer Moeller. Tucker asks this court to remand for the district court to determine whether the City of Los Angeles enacted an unconstitutional ordinance that led to his arrest. We affirm. The district court decided this theory of liability adversely to Tucker on November 20, 1998, ruling: “CITY OF LOS ANGELES is awarded summary judgment as to all plaintiffs claims and theories of this case.” This decision became final when a panel of this court affirmed on all federal claims in a memorandum disposition filed March 31, 2003. The unconstitutionality of the ordinance cannot be relitigated. We review the proceedings below.

I

Responding to a burglar alarm, at 11:00 p.m. on March 22, 1995, Officer Moeller observed Tucker running away from the location of the alarm with a bundle under his left arm and a knife with a blade in excess of three inches attached to his belt. Officer Moeller arrested Tucker under Section 55.10 of the Los…